{
  "id": "RS22702",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS22702",
  "active": true,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 456330,
      "date": "2016-10-04",
      "retrieved": "2016-10-17T19:21:15.909180",
      "title": "An Abridged Sketch of Extradition To and From the United States",
      "summary": "\u201cExtradition\u201d is the formal surrender of a person by a State to another State for prosecution or punishment. Extradition to or from the United States is a creature of treaty. The United States has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. \nExtradition treaties are in the nature of a contract and generate the most controversy with respect to those matters for which extradition may not be had. In addition to an explicit list of crimes for which extradition may be granted, most modern extradition treaties also identify various classes of offenses for which extradition may or must be denied. Common among these are provisions excluding political offenses; capital offenses; crimes that are punishable under only the laws of one of the parties to the treaty; crimes committed outside the country seeking extradition; crimes where the fugitive is a national of the country of refuge; and crimes barred by double jeopardy or a statute of limitations.\nExtradition is triggered by a request submitted through diplomatic channels. In this country, it proceeds through the Departments of Justice and State and may be presented to a federal magistrate to order a hearing to determine whether the request is in compliance with an applicable treaty, whether it provides sufficient evidence to satisfy probable cause to believe that the fugitive committed the identified treaty offense(s), and whether other treaty requirements have been met. If so, the magistrate certifies the case for extradition at the discretion of the Secretary of State. Except as provided by treaty, the magistrate does not inquire into the nature of foreign proceedings likely to follow extradition.\nThe laws of the country of refuge and the applicable extradition treaty govern extradition back to the United States of a fugitive located overseas. Requests travel through diplomatic channels, and the treaty issue most likely to arise after extradition to this country is whether the extraditee has been tried for crimes other than those for which he or she was extradited. The fact that extradition was ignored and a fugitive forcibly returned to the United States for trial constitutes no jurisdictional impediment to trial or punishment. Federal and foreign immigration laws sometimes serve as an alternative to extradition to and from the United States.\nThis is an abbreviated version of CRS Report 98-958, Extradition To and From the United States: Overview of the Law and Contemporary Treaties, by Michael John Garcia and Charles Doyle, without the appendices, footnotes, and citations to authority found in the longer report.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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          "url": "http://www.crs.gov/Reports/pdf/RS22702",
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    },
    {
      "source": "EveryCRSReport.com",
      "id": 341030,
      "date": "2007-08-06",
      "retrieved": "2016-04-06T22:39:47.871444",
      "title": "An Abridged Sketch of Extradition To and From the United States",
      "summary": "Extradition is the formal surrender of a person by a State to another State for prosecution or punishment. Extradition to or from the United States is a creature of treaty. The United States has extradition treaties with over a hundred of the nations of the world, but there are many with whom it does not. This is an overview of those treaties and of the procedures followed in this country in response to an extradition request or to request extradition from another country.\nThis is an abridged version of CRS Report 98-958, Extradition To and From the United States: Overview of the Law and Recent Treaties, by Charles Doyle, without the footnotes and citations to authority found in the longer report.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": true,
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          "url": "http://www.crs.gov/Reports/RS22702",
          "sha1": "ce3f377ce5ca83a574021f6b2066b0eba0ab7277",
          "filename": "files/20070806_RS22702_ce3f377ce5ca83a574021f6b2066b0eba0ab7277.html",
          "images": null
        },
        {
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          "encoding": null,
          "url": "http://www.crs.gov/Reports/pdf/RS22702",
          "sha1": "187b86435f7976187f86cfb691d40f4c6f0e049f",
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    }
  ],
  "topics": [
    "American Law",
    "Foreign Affairs"
  ]
}